Will a borrower’s PPP loan forgiveness amount (pursuant to section 1106 of the CARES Act and SBA’s implementing rules and guidance) be reduced if the borrower laid off an employee, offered to rehire the same employee, but the employee declined the offer?

No. As an exercise of the Administrator’s and the Secretary’s authority under Section 1106(d)(6) of the CARES Act to prescribe regulations granting de minimis exemptions from the Act’s limits on loan forgiveness, SBA and Treasury intend to issue an interim final rule excluding laid-off employees whom the borrower offered to rehire (for the same salary/wages and same number of hours) from the CARES Act’s loan forgiveness reduction calculation. The interim final rule will specify that, to qualify for this exception, the borrower must have made a good faith, written offer of rehire, and the employee’s rejection of that offer must be documented by the borrower. Employees and employers should be aware that employees who reject offers of re-employment may forfeit eligibility for continued unemployment compensation.

If you wish to receive a printed copy of our Privacy Notice, please contact our Customer Service Center at 1-888-692-2654.

NOTICE: First United Wealth Management products and services: i) are not deposits or other obligations of, nor are they guaranteed by, First United Bank & Trust or it’s affiliates, ii) are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other agency of the United States or by First United Bank & Trust or it’s affiliates; and iii) are subject to investment risks, including the possible loss of value.